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is no longer used for the storage and filtration of water from the Plant consistent with the attached drawing entitled "Conceptual Final Reclamation" drawing TW-2 and TW-2A. Background: Excavation Permit No. EP-84-1 0 entitles Teichert to mine three properties known as Flintkote, Traina West and Mitchell-Sexton. As with the adjacent Rose and Traina East parcels (San Joaquin County permits QX-91-2 and QX-96-2)this raw aggregate is processed at the Tracy Rock Plant. Presently the plant is receiving feed from Pereira(City of Tracy entitlement) and Traina West, allowing Teichert to meet local demand for processed aggregate. Facts and Circumstances Prompting Requested Action: Traina West, which is contiguous to the Rock Plant, is running out of reserves. Operationally, this property becomes strategic to EP-84-10's sequential reclamation and ultimately closure of the Tracy Rock processing facilities. Sequenced reclamation has commenced. (Teichert has verbally requested that the final reclamation and bond retirement occur at Rose and Mitchell- Sexton. Recent correspondence from County staff outlines closure procedures.) The County's 2000 Surface Mining Inspection Report verifies reclamation activity and appropriate reclamation surety bond amounts. The rehabilitation focus is now on the 110-acre Flintkote site. Returning this property to grazing will begin with the consolidation of the existing silt and process water ponds and the leveling of the floor. The silt ponds and fresh water pond are essential for the continued operation of the adjacent plant and will be relocated to Traina West. This relocation of an accessory operation use (storage, filtering and makeup water supply) is pivotal to operating the aggregate plant; without this critical component operations would be severely impacted. Production output would decrease dramatically, limiting the amount of aggregate available to supply community demand. Teichert's ability to mine the Pereira property would also become problematic(compliance with time components). Accordingly, an amendment of permit condition#15 is requested as set forth above. We believe the proposed relocation of an essential accessory use is allowed by the County's Development Title, Section 9-1415.3, subject to Commission Approval. Condition of Approval#15 states that rehabilitation of a phase be completed within two years of terminating mining. Teichert is respectfully requesting that commencement of reclamation at Traina West be postponed to coincide with the permanent cessation of the use of the Traina Parcel for the storage and filtering of water from the Plant. As mentioned above, currently throughput to plant facilities comes from Traina West and Pereira(City of Tracy, Permit No. 10- 00-CUP, a ten-year mining permit). The County is aware of the Pereira importation (conveyor) and considers it consistent with the existing permit. As the attached July 27, 2000 letter from Public Works affirms, San Joaquin County's Development Title and the approved conditions of EP-84-10 do not preclude Tracy Rock from processing Pereira's aggregate even though the Pereira parcel is in the City of Tracy. Without the use of the Traina West parcel for storage and filtering of water and the deferred 3 337738-4